(Issued and Implemented on February 26, 2020)

For the purposes of full application of decision-making, deployment and related principles of the Supreme People's court and other departments, we hereby notify the following matters related to the promotion of online litigation services facing the recent epidemic prevention and control in Shanghai, so as to steadily and orderly carry out the trial and enforcement in accordance with the law, and effectively protect the life, health and litigation rights of litigation participants, :

I. Promote Online Litigation Service

The online litigation service is a specific initiative of the legal professional community to fully utilize modern information and technology to modernize the social governance system and governance capacity based on the judicial concept of the new era.

The online Litigation Service of Shanghai court is to expand the online litigation service function of cases through the online litigation service platforms, including but not limited to the official website of Shanghai High People's Court (www.shhfy.sh.cn), Shanghai Integrated Online Platform, the "Sui Shen Ban Citizen’s Cloud APP", the WeChat official account of "Shanghai Court 12368”, the Wechat Mini Program of "Shanghai Mobile Micro Court", and Shanghai Court One-Stop Multi-Dispute Platform, providing and continuously enriching one-stop services such as inquiry and consultation, litigation guidance, mediation, filing, trial, file reading, payment, material submission, electronic service, etc. Lawyers, basic-level legal service workers and parties can conduct litigation online through the online litigation service platforms, and their online litigation behavior has the same effect as offline litigation behavior.

The Online Litigation Service Platform of Shanghai courts is built by the Shanghai High Court on the basis of integrating the existing online litigation service functions, and continuously expanding and improving the platform functions according to the demand of judicial practice, creating a new model of intelligent litigation service, focusing on solving the problem of litigation service facilitation, and providing lawyers, basic-level legal service workers and clients with high-quality, efficient and convenient online litigation service.

All judicial administrations in Shanghai and Shanghai Bar Association may organize special training on online litigation service , guide lawyers and basic-level legal service workers familiar with and fully apply the online litigation service platform for entrusted litigation matters, to help the parties through the network channel for related litigation activities.

II. To Provide Accessible Litigation Service Hotline

Courts at all levels in Shanghai shall provide easily accessible 12368 litigation service hotline. For the inquiry and consultation matters that can be answered directly, the personnel on duty shall reply immediately; for the inquiry and consultation matters that can not be answered immediately or the need to contact the judge in charge, the work order shall be sent to the judge in charge for reply in time.

The municipal judicial administrations and Shanghai Bar Association may guide lawyers, basic-level legal service worker and parties to make full use of the 12368 litigation service hotline, for inquiries and consultation and other litigation-related matters.

III. To Carry out Online Mediation extensively

Courts in Shanghai should make full use of mediation platforms and organizations such as the Shanghai Court’s One-Stop Multi-Discipline Resolution Platform and the Shanghai Judicial Administration Intelligent Mediation Platform to effectively promote the online resolution of conflicts and disputes, and prioritize non-litigation methods in resolving disputes.

The municipal judicial administrations, Shanghai Bar Association and the Municipal People's Mediation Association may guide lawyers, basic-level legal service workers, mediators to master the process and methods of online mediation, and actively use online mediation to resolve disputes.

IV. To Actively Promote the Online Case-filing

During the period of epidemic prevention and control, online case-filing is used for first instance civil cases (including civil, commercial, intellectual property, maritime and maritime commerce, and financial cases), criminal private prosecution cases, and initial applications for enforcement cases. In addition to on-site processing, the indictment and application submitted by the complainants or applicants can be submitted, reviewed and accepted through the Internet. The whole procedure of case-filing, including the payment, can be completed online.

The municipal judicial administrations and Shanghai Bar Association may provide guidance to the lawyers and basic-level legal service workers to help the litigants file cases online through the official website of Shanghai High People's Court (www.shhfy.sh.cn), Shanghai Integrated Online Platform, the "Sui Shen Ban Citizen’s Cloud APP", the WeChat official account of "Shanghai Court 12368”, the Wechat Mini Program of "Shanghai Mobile Micro Court", and other platforms.

V. To Steady Develop Online Court Hearing

Courts in Shanghai can, according to the needs of the case, rely on the Shanghai court online court system to remotely organize online court hearings, to meet the convenience of litigation at the same time, fully guarantee the standardization and security of online court hearings. Strictly implement the operating procedures of the online court hearing, the parties and the litigation agent expressly disagree or a party and the litigation agent, the defense said that they disagree and have valid reasons, the parties do not have the technical conditions and ability to participate in the online court hearing and the need for on-site identification, verification of originals, physical examination and other circumstances of the case and the case is significant and complex as well as the law provides for closed hearings Cases, are not applicable to online court hearings.

The city's judicial administrative organs, the city lawyer association can guide lawyers and grass-roots legal service workers familiar with the online court operating procedures, and actively guide the parties to participate in court proceedings remotely through the online court. The City Bar Association provides timely feedback to the Municipal High Court on technical and process issues as well as opinions and suggestions in the use of online court hearings to jointly optimize the use and effectiveness of online court hearings.

VI. To Steadily Promote Online Preservation

Lawyers and basic-level legal service workers can apply for litigation preservation through the Shanghai Court’s Online Litigation Service Platform.

Courts in Shanghai should carefully review the application, make timely preservation rulings and transfer the process. Efforts should be taken to improve the efficiency of the preservation system.

VII. To Actively Use the Electronic Service

With the consent of the person served, the city's courts can electronically serve civil cases (including civil, commercial, intellectual property, maritime and maritime, and financial cases), private criminal cases, administrative cases, and civil enforcement cases through SMS, online litigation service platform download and other means of electronic service of process and the evidence submitted by the parties, and synchronize the generation of service of return.

The city's judicial administrations and Shanghai Bar Association can guide the propaganda of electronic service in improving the efficiency of service, to protect the rights of litigation, reduce the positive significance of the parties, the use of electronic service as the preferred option for participation in litigation activities.

VIII. To Actively carry out online file reading

If lawyers or basic-level legal service workers need to read the file, they can apply through the Shanghai Court’s Online Litigation Service Platform and read the files online directly after the approval of the court.

Courts in Shanghai should provide efficient online file reading services for lawyers and basic-level legal service workers.

IX.　To Vigorously Promote Online Payment

Courts in Shanghai should vigorously promote the online payment of litigation fees. The notice of paying litigation expenses can be delivered to the parties by sending the online payment link through SMS to reserved mobile phone number of litigants. And litigants may pay the fees through net banking, Alipay, WeChat and other online channels. After completing the payment, the parties can directly download the financial e-ticket for the payment, and the judge can check the transferred record of the litigation fee in real time.

Lawyers and basic-level legal service workers shall actively guide the litigants to pay online, directly view and download financial e-bills.

X. To Strengthen Communication and Enhance Publicity

For problems found in the promotion of online litigation services, Shanghai High People’s Court, the municipal judicial administrations and Shanghai Bar Association should establish a communication mechanism, providing timely and effective solution to the relevant issues, and timely assessment of the effectiveness of online litigation services.

Courts in Shanghai, the judicial administrations and Shanghai Bar Association should actively publicize and promote online litigation services to lawyers, basic-level legal service workers and litigants, as well as the public, through the official website of the agency, micro-blog, WeChat official account, radio and television, newspapers and magazines, and other media. Efforts should be taken to enhance the awareness rate, improve the acceptance and preferred rate of choosing online litigation services, and gradually cultivate the concept and habit of prioritizing the online litigation services.

While fully promoting online litigation services, courts in Shanghai should continue to provide offline normalized litigation services and improve the level of litigation services. In accordance with the law, all litigation rights of lawyers, basic-level legal service workers and litigants should be effectively implemented.